Legal Opinion
Fennell v. Gilstrap
Court of Appeals for the Eleventh Circuit
Decided February 27, 2009No. 08-12553PublishedCited by 129 opinions
1Per curiam
We decide in this appeal whether an officer, James Gilstrap, used excessive force in violation of the Fourteenth Amendment when he kicked a pretrial detainee, Reginald Scott Fennell, who was combative and struggling with police officers. Gilstrap witnessed an earlier struggle between Fennell and officers, heard Fennell threaten officers, heard a fellow officer call out for Fennell to let go of his arm while struggling with Fennell, and witnessed six officers struggle unsuccessfully to handcuff Fennell for fifteen seconds. Gilstrap attempted to kick Fennell in the arm, but his kick landed on…
2Cases cited12 opinions
- Pearson v. CallahanSupreme Court of the United States · 2009
- Hudson v. McMillianSupreme Court of the United States · 1992
- Whitley v. AlbersSupreme Court of the United States · 1986
- Cockrell v. SparksCourt of Appeals for the Eleventh Circuit · 2007
- Hadley v. GutierrezCourt of Appeals for the Eleventh Circuit · 2008
7 more not listed; retrieve them via the Exa API.
3Cited by129 opinions
- Terry Eugene Sears v. Vernia RobertsCourt of Appeals for the Eleventh Circuit · 2019
- James P. Crocker v. Deputy Sheriff Steven Eric BeattyCourt of Appeals for the Eleventh Circuit · 2021
- Matthew Reid Hinson v. R.A. BiasCourt of Appeals for the Eleventh Circuit · 2019
- Nilesh S. Patel v. James SmithCourt of Appeals for the Eleventh Circuit · 2020
- Tw Ex Rel. Wilson v. School Bd., Seminole, Fla.Court of Appeals for the Eleventh Circuit · 2010
124 more not listed; retrieve them via the Exa API.